PERRY GARDNER MARVIN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PERRY GARDNER MARVIN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D04-77 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 29, 2005. An appeal from Circuit Court for Bay County. Michael C. Overstreet, Judge. Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, A. Mireille Fall and Thomas D. Winokur, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. The appellant in this direct criminal appeal challenges his conviction and sentence for felony driving while license suspended or revoked, in violation of section 322.34(2)(c), Florida Statutes. Because at least one of the predicate convictions for his current conviction of felony driving while license suspended or revoked was under a prior version of section 322.34(2)(c), Florida Statutes, this predicate conviction should not have been relied upon in imposing judgment and sentence in the present case. Thompson v. State, 887 So. 2d 1260 (Fla. 2004); Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). Accordingly, as the state concedes, the appellant s judgment and sentence for felony driving while license suspended or revoked must be, and are hereby, reversed. ALLEN, LEWIS and HAWKES, JJ., CONCUR.

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